Professional Membership
TITLE 11 - BANKRUPTCY CHAPTER 13 - ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME SUBCHAPTER I - OFFICERS, ADMINISTRATION, AND THE ESTATE -HEAD- Sec. 1302. Trustee -STATUTE- (a) If the United States trustee appoints an individual under section 586(b) of title 28 to serve as standing trustee in cases under this chapter and if such individual qualifies under section 322 of this title, then such individual shall serve as trustee in the case. Otherwise, the United States trustee shall appoint one disinterested person to serve as trustee in the case or the United States trustee may serve as a trustee in the case. (b) The trustee shall - (1) perform the duties specified in sections 704(2), 704(3), 704(4), 704(5), 704(6), 704(7), and 704(9) of this title; (2) appear and be heard at any hearing that concerns - (A) the value of property subject to a lien; (B) confirmation of a plan; or (C) modification of the plan after confirmation; (3) dispose of, under regulations issued by the Director of the Administrative Office of the United States Courts, moneys received or to be received in a case under chapter XIII of the Bankruptcy Act; (4) advise, other than on legal matters, and assist the debtor in performance under the plan; (5) ensure that the debtor commences making timely payments under section 1326 of this title; and (6) if with respect to the debtor there is a claim for a domestic support obligation, provide the applicable notice specified in subsection (d). (c) If the debtor is engaged in business, then in addition to the duties specified in subsection (b) of this section, the trustee shall perform the duties specified in sections 1106(a)(3) and 1106(a)(4) of this title. (d)(1) In a case described in subsection (b)(6) to which subsection (b)(6) applies, the trustee shall - (A)(i) provide written notice to the holder of the claim described in subsection (b)(6) of such claim and of the right of such holder to use the services of the State child support enforcement agency established under sections 464 and 466 of the Social Security Act for the State in which such holder resides, for assistance in collecting child support during and after the case under this title; and (ii) include in the notice provided under clause (i) the address and telephone number of such State child support enforcement agency; (B)(i) provide written notice to such State child support enforcement agency of such claim; and (ii) include in the notice provided under clause (i) the name, address, and telephone number of such holder; and (C) at such time as the debtor is granted a discharge under section 1328, provide written notice to such holder and to such State child support enforcement agency of - (i) the granting of the discharge; (ii) the last recent known address of the debtor; (iii) the last recent known name and address of the debtor's employer; and (iv) the name of each creditor that holds a claim that - (I) is not discharged under paragraph (2) or (4) of section 523(a); or (II) was reaffirmed by the debtor under section 524(c). (2)(A) The holder of a claim described in subsection (b)(6) or the State child support enforcement agency of the State in which such holder resides may request from a creditor described in paragraph (1)(C)(iv) the last known address of the debtor. (B) Notwithstanding any other provision of law, a creditor that makes a disclosure of a last known address of a debtor in connection with a request made under subparagraph (A) shall not be liable by reason of making that disclosure. -SOURCE- (Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2645; Pub. L. 98-353, title III, Secs. 314, 525, July 10, 1984, 98 Stat. 356, 388; Pub. L. 99- 554, title II, Secs. 228, 283(w), Oct. 27, 1986, 100 Stat. 3103, 3118; Pub. L. 103-394, title V, Sec. 501(d)(37), Oct. 22, 1994, 108 Stat. 4147; Pub. L. 109-8, title II, Sec. 219(d), Apr. 20, 2005, 119 Stat. 58.) HISTORICAL AND REVISION NOTES LEGISLATIVE STATEMENTS Section 1302 of the House amendment adopts a provision contained in the Senate amendment instead of the position taken in the House bill. Sections 1302(d) and (e) are modeled on the standing trustee system contained in the House bill with the court assuming supervisory functions in districts not under the pilot program. SENATE REPORT NO. 95-989 The principal administrator in a chapter 13 case is the chapter 13 trustee. Experience under chapter XIII of the Bankruptcy Act [chapter 13 of former title 11] has shown that the more efficient and effective wage earner programs have been conducted by standing chapter XIII trustees who exercise a broad range of responsibilities in both the design and the effectuation of debtor plans. Subsection (a) provides administrative flexibility by permitting the bankruptcy judge to appoint an individual from the panel of trustees established pursuant to 28 U.S.C. Sec. 604(f) and qualified under section 322 of title 11, either to serve as a standing trustee in all chapter 13 cases filed in the district or a portion thereof, or to serve in a single case. Subsection (b)(1) makes it clear that the chapter 13 trustee is no mere disbursing agent of the monies paid to him by the debtor under the plan [section 1322(a)(1)], by imposing upon him certain relevant duties of a liquidation trustee prescribed by section 704 of this title. Subsection (b)(2) requires the chapter 13 trustee to appear before and be heard by the bankruptcy court whenever the value of property secured by a lien or the confirmation or modification of a plan after confirmation as provided by sections 1323-1325 is considered by the court. Subsection (b)(3) requires the chapter 13 trustee to advise and counsel the debtor while under chapter 13, except on matters more appropriately left to the attorney for the debtor. The chapter 13 trustee must also assist the debtor in performance under the plan by attempting to tailor the requirements of the plan to the changing needs and circumstances of the debtor during the extension period. Subsection (c) imposes on the trustee in a chapter 13 case filed by a debtor engaged in business the investigative and reporting duties normally required of a chapter 11 debtor or trustee as prescribed by section 1106(a)(3) and (4). HOUSE REPORT NO. 95-595 Subsection (d) gives the trustee an additional duty if the debtor is engaged in business, as defined in section 1304. The trustee must perform the duties specified in sections 1106(a)(3) and 1106(a)(4), relating to investigation of the debtor. -REFTEXT- REFERENCES IN TEXT Chapter XIII of the Bankruptcy Act, referred to in subsec. (b)(3), is chapter XIII of act July 1, 1898, ch. 541, as added June 22, 1938, ch. 575, Sec. 1, 52 Stat. 930, which was classified to chapter 13 (Sec. 1001 et seq.) of former Title 11. Sections 464 and 466 of the Social Security Act, referred to in subsec. (d)(1)(A)(i), are classified to sections 664 and 666, respectively, of Title 42, The Public Health and Welfare. -MISC2- AMENDMENTS 2005 - Subsec. (b)(6). Pub. L. 109-8, Sec. 219(d)(1), added par. (6). Subsec. (d). Pub. L. 109-8, Sec. 219(d)(2), added subsec. (d). 1994 - Subsec. (b)(3). Pub. L. 103-394 struck out "and" at end. 1986 - Subsec. (a). Pub. L. 99-554, Sec. 228(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "If the court has appointed an individual under subsection (d) of this section to serve as standing trustee in cases under this chapter and if such individual qualifies under section 322 of this title, then such individual shall serve as trustee in the case. Otherwise, the court shall appoint a person to serve as trustee in the case." Subsec. (d). Pub. L. 99-554, Sec. 228(2), struck out subsec. (d) which read as follows: "If the number of cases under this chapter commenced in a particular judicial district so warrant, the court may appoint one or more individuals to serve as standing trustee for such district in cases under this chapter." Subsec. (e). Pub. L. 99-554, Sec. 283(w), which directed the amendment of par. (1) by substituting "set for such individual" for "fix" could not be executed in view of the repeal of subsec. (e) by section 228(2) of Pub. L. 99-554. See 1984 Amendment note below. Pub. L. 99-554, Sec. 228(2), struck out subsec. (e) which read as follows: "(1) A court that has appointed an individual under subsection (d) of this section to serve as standing trustee in cases under this chapter shall set for such individual - "(A) a maximum annual compensation, not to exceed the lowest annual rate of basic pay in effect for grade GS-16 of the General Schedule prescribed under section 5332 of title 5; and "(B) a percentage fee, not to exceed ten percent, based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee. "(2) Such individual shall collect such percentage fee from all payments under plans in the cases under this chapter for which such individual serves as standing trustee. Such individual shall pay annually to the Treasury - "(A) any amount by which the actual compensation received by such individual exceeds five percent of all such payments made under plans in cases under this chapter for which such individual serves as standing trustee; and "(B) any amount by which the percentage fee fixed under paragraph (1)(B) of this subsection for all such cases exceeds - "(i) such individual's actual compensation for such cases, as adjusted under subparagraph (A) of this paragraph; plus "(ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases." 1984 - Subsec. (b)(1). Pub. L. 98-353, Sec. 314(1), substituted "704(7), and 704(9) of this title" for "and 704(8) of this title". Subsec. (b)(2). Pub. L. 98-353, Sec. 314(2), struck out "and" at the end. Subsec. (b)(3) to (5). Pub. L. 98-353, Sec. 525(a), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Pub. L. 98-353, Sec. 314(3), (4), substituted "; and" for the period at end of par. (3) and added par. (4). Subsec. (e)(1). Pub. L. 98-353, Sec. 525(b)(1), which directed the amendment of par. (4) by substituting "set for such individual" for "fix" was executed to par. (1) as the probable intent of Congress. Subsec. (e)(1)(A). Pub. L. 98-353, Sec. 525(b)(2), struck out "for such individual" after "a maximum annual compensation". Subsec. (e)(2)(A). Pub. L. 98-353, Sec. 525(b)(3), substituted "received by" for "of", and "of all such payments made" for "upon all payments". EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109-8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109-8, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103-394, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Effective date and applicability of amendment by section 228 of Pub. L. 99-554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99-554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure. Amendment by section 283 of Pub. L. 99-554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99-554. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out as a note under section 101 of this title.